Town of Nags Head v. Matthew Toloczko
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Reversed and remanded by published opinion. Judge DIÁZ wrote the opinion, in which Judge SHEDD and Judge DAVIS joined.
DIAZ, Circuit Judge:
We heard argument in this case in concert with the related appeal of Sansotta v. Town of Nags Head, 724 F.3d 533, No. 12-1538, 2013 WL 3827471 (4th Cir.2013). Both suits involve a slew of federal and state law claims concerning the legality of efforts by the Town of Nags Head, North Carolina (the “Town”), to declare beachfront properties that encroach onto “public trust lands” a nuisance, and regulate them accordingly. The district court adjudicated the…
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